Dead Habeas Corpus

in Human-right

This article tries to examine human rights in the United States in the presidential period of Gorge W. Bush; in order to answer the question that if the United States have always protected human rights based on the American Constitution or not.

The article will focus on the subject of habeas corpus and presidential excuses to suspend it.

In general human rights refers to the basic freedoms and rights such as right to life, right to work, right to be considered equal before the law, right to liberty, right to education and freedom of expression and thought that must be respected for each of individuals.

Magna Carta (great charter) which had been the base in writing the American constitution and amendments was one of the documents in the world that protected human legal rights.

"All human beings are born free and equal in identity and rights. They are endowed with reason and conscience and should act to wards one another in a spirit of brotherhood"Article1of the United Nations Universal Declaration of Human Rights

Many years ago Founding Fathers tried to ensure new land's settlers whose human rights would be protected by adding ten amendments to the American constitution.

They called American people (or American white men) as brothers with equal rights to live free in America; founding fathers even let them to possess and bear arms to fell more freedom. But they excluded minority groups, who were considered as human beings, such as women, blacks.
As a result they violated human rights at a time they signed American Constitution in their own land, America.

Those minority groups who had lost their rights to live equally as white men tried so hard to achieve the rights considered as civil rights, especially during 1960s.

Although there are differences between human rights and civil rights, I believe that if an individual's civil rights ignored, it can be possible that his/her human rights become violated.

A civil right refers to the rights within the national boundaries that shall be protected and guaranteed against both the government and private sector discrimination. According to the Civil Rights Act of 1964, all persons' civil rights such as enjoyment of the goods, advantages... shall be protected with out sex, race, gender, religion and national origin segregation and discrimination.

While Thomas Jefferson, the third president of the United States, believed that "a free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate." (Arendt, 1951)[1]

The president of the United States George W. Bush has suspended the American civil rights and human rights on the ground of habeas corpus with the excuse of war on terror.

Habeas Corpus:

Habeas corpus is a Latin word for "you may have your body."

If a person arrested for any reason and has been brought before a court of law, he or she can demand for examining the legality of the detention.

Habeas corpus is against individual detaining but this writ can not determine guilt or innocence.
If it is proved that a charge is valid, the person should stand before the court but if not he/she is free.

Habeas Corpus Act which was passed in 1679 by parliament is the protection law for the individual against state's arbitrary detention.

"Sir William Blackstone, who his famous Commentaries on the laws of England in the 18th century, recorded the first writ of habeas corpus in 1305. But other writs with the same effect were used in the 12 century. So it appears to have preceded Magna Carta in 1215."(BBC News, 2005)[2]

But habeas corpus writ with its long history forced to stop protecting American citizens from not going to jail unfair.

The messenger of liberty killed by the hands of the United States' president Gorge W. Bush, the American hero, in aftermath 9/11.

He signed the Anti-terrorism, Crime and Security Act 2001 after 9/11 terrorist attacks with the excuse of saving American people against unknown enemies by taking the habeas corpus right.
It was the other time after signing the American Constitution that the central government, in this case president, became more and more powerful to even kill the human rights not only within the states but also within the world through controlling countries' airs and spaces.

Since the United States' enemies are defined as unknown enemies, George W. Bush has entitled himself the right to control every one in every part of the world and even arrest every supposed suspected person, citizens or foreigners, in the land of the United States for any excuses.
There is no right for people to ask why they arrest them and for what probable reason.

As the United States has the power to suspend the American Constitution and human rights in its own country with the excuse of war justifying the people by spreading fear of threat among them; how the other part of the world can believe that the United States whose people are mourning for the dead habeas corpus tries to be their rights protector.

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Hedyeh Nasseri has 1 articles online

1. Arendt, Hannah, The origins of totalitarianism, 1951
2. http://news.bbc.co.uk/2/hi/uk_news/magazine/4329839.stm

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Dead Habeas Corpus

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This article was published on 2010/04/04
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